12.12.2016 Labour law

Act of 10 June 2016 on the posting of workers in the framework of the provisions of services

Act on the posting of workers in the framework of the provision of services (hereinafter referred to as Act) implements into Polish law the provisions of the Directive 2014/67/EU of the European Parliament and the Council as of 15.05.2014 to aim the enforcement of the Directive on the posting of workers (Directive 96/71/EC) on administrative cooperation through the Internal Market Information System.

The deadline for implementing the Directive passed on 18.06.2016 The Directive shall guarantee that the rights and working conditions terms are protected throughout the EU especially in terms of minimum rates of pay in the host Member State.

The provisions of the Act applies not only to Member States but also to Employers posting workers to Poland from the countries outside the EU.

Minimum work conditions

The Act defines a set of mandatory rules regarding the terms and conditions of employment to be applied to employees posted to work in Poland no less favorable than those resulting

from the provisions of Polish employment law in the range of: maximum work periods and

minimum rest periods, minimum pay, minimum paid annual leave, health, safety and hygiene at work, protection of some categories of workers, equal treatment and lack of discrimination.

Control of correctness of posting of workers to Poland by the National Labor Inspectorate

The National Labor Inspectorate shall control the correctness of posting of workers to the Republic of Poland. The control shall be aimed, in particular, at determining whether an employer posting a worker to the Republic of Poland actually conducts significant business in another Member State and whether a worker posted to Poland works there only temporarily. These activities are primarily aimed at fighting abuse and circumvention of the posting of workers.

If the inspection reveals that the employee cannot be regarded as a posted worker in the territory of the Republic of Poland, the National Labor Inspectorate will be entitled to bring an action before the labor court to establish the law applicable to the employment relationship between the posted worker and his employer.

New obligations of an Employer posting a worker to the Republic of Poland

The Act obliges Employers posting employees to the Republic of Poland to:

1) appoint a person authorized to intermediate in contacts with the National Labor Inspectorate;

2) submit, not later than on the last day of starting the provisions of a service , a statement containing information necessary to conduct a control of the National Labor Inspectorate;

3) store in the Republic of Poland, in paper or electronic form the relevant documentation concerning a posted worker;

4) render available the documentation referred to above, upon request of National Labor Inspectorate, up to 2 years after the end of the work provided by a worker posted to the Republic of Poland.

An employer posting a worker or a person acting on their behalf that fail to meet the obligations imposed by the Act shall be subject to a fine from PLN 1,000 to PLN 30,000.

This newsletter is for obvious reasons aimed at signaling the relevant changes only.

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